Endeavour Energy v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2016] FCAFC 82

FEDERAL COURT OF AUSTRALIA

Endeavour Energy v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2016] FCAFC 82 File number: NSD 1455 of 2015

Judges: NORTH, JESSUP AND REEVES JJ

Date of judgment: 10 June 2016

Catchwords: INDUSTRIAL LAW – where dispute about payment of allowance under enterprise agreement referred to Fair Work Commission for arbitration – applicant sought certiorari to quash Full Bench decision and mandamus to remit dispute for decision according to law – respondent sought summary judgment arguing public law remedies not available for private arbitration decision INDUSTRIAL LAW – where previous Full Court decision dealt with private arbitration and public law remedies – principle of stare decisis – Full Court decision to be departed from only if 'plainly wrong' – whether Full Court decision plainly wrong by failure to address s 739(5) of Fair Work Act 2009 (Cth) in consideration of private arbitration powers – Full Court's decision on characterisation of Commission's arbitration power followed INDUSTRIAL LAW – consideration of legislated dispute resolution provisions under Commonwealth legislation – development of arbitration powers exercised by Commission (and predecessor bodies) – distinction made by legislature between arbitration and other powers – relationship between s 180 and s 739 of Fair Work Act 2009 (Cth) – latter section concerns involvement of Commission in dispute resolution procedures under enterprise agreement – Commission only exercises arbitration powers by parties' mutual consent and not inconsistently with Act or fair work instrument